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We all know, that Double Jeopardy applies in the US, stopping one from getting tried twice for the same act... by the same type of court. Double Jeopardy does obviously not apply to being tried by the state and the federal court system, where you can be convicted for drug smuggling by both the Federal and the State court as you broke both laws with the same act. Sometimes one of them is using the result of the other as evidence and to fast track the trial.

With the right setup, we know that up to 4 states, 2 tribal governments, and the federal court system could get you for murder on the Four Corner's Monument.

How would being in the US Military add to that? Could a military court take the same act (in the example murder, but possibly also noncapital crimes) and try you for the same or different charge to further increase the punishment?

  • With a lot of "sentenced by two entities for the same crime" situations, sentences are served concurrently instead of consecutively. Essentially it means that you really only suffer the worst of all the punishments... – Ron Beyer Aug 31 at 13:27
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Double Jeopardy does obviously not apply to being tried by the state and the federal court system, where you can be convicted for drug smuggling by both the Federal and the State court as you broke both laws with the same act.

This is true, and the answer to your question comes in the reason this is true. The exception to double jeopardy you're referring to applies to charges from separate sovereigns. When considering whether two entities can both charge someone, you trace back each of them to the sovereign power that gives them their authority. States are considered sovereign, as are Indian tribes with respect to crimes committed by Indians (although for certain serious crimes like murder, Congress arguably stripped tribal courts of jurisdiction with the Major Crimes Act). The United States is of course sovereign.

The military is not sovereign. Military charges are based on the sovereignty of the United States, so double jeopardy applies between military and civilian federal courts. Likewise, US territories (and DC) are not sovereign and have criminal jurisdiction based on the sovereignty of the United States, so territorial (and DC) charges are subject to double jeopardy with each other, with military charges, and with civilian federal charges. That said, double jeopardy only applies if the charges represent the same offense. The UCMJ has offenses with no civilian analog. If you're charged with murder in civilian federal court and mutiny under the UCMJ, those are two different crimes.

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    would be almost perfect by mentioning that by committing any non capital crime, you get charged with the different crime of Conduct prejudicial to good order and discipline. – Trish Aug 31 at 17:59

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